Before patent filing: A patent attorney can analyze the patentability of an invention. Some inventions are simply unpatentable. In other cases, the economics of investing in a patent for an invention might not justify filing an application even if the invention is patentable. By evaluating the business case before filing a patent, business can determine whether the patent will produce a return on investment. A New York US patent attorney can support this process by rendering a patentability opinion. Moreover, Bold Patents can assess whether an invention is ready to be patented and what the client can reasonably expect if the patent is granted.
Obtaining a patent: In the first step of the patent process, a patent lawyer drafts and files a patent application. After filing, a patent examiner examines the patent application to ensure it does not overlap with the prior art and that the patent application complies with the US Patent Act. In most cases, the US Patent Office issues one or more office actions providing reasons for rejecting or objecting to the patent application. A patent lawyer can respond to the office action with amendments and arguments. If the examiner issues a final rejection, a patent lawyer works with the inventor to develop a strategy to continue pursuit of a patent.
After patent issuance: US patents are usually monetized with licensing and/or enforcement. Licensing patent rights can provide a source of revenue for the patent owner without investing in making and selling the invention. A patent attorney with Bold Patents can assist patent owners to evaluate licensing opportunities, negotiate licensing agreements, and draft licenses. Enforcement occurs when a competitor exploits the patented invention without permission. To meet its duties, a New York US patent attorney and the patent owner must analyze the merits of a patent infringement lawsuit.